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HomeMy WebLinkAbout2002/11/18 - ADMIN - Agenda Packets - City Council - RegularAGENDA SUMMARY CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA November 18, 2002 7:30 p.m. 7:15 p.m. – Economic Development Authority Meeting Special Meeting to Immediately Follow Council Meeting 1. Call to Order a. Pledge of Allegiance b. Roll Call 2. Presentations 3. Approval of Minutes a. City Council Minutes of November 4, 2002 Document Action: Corrections/amendments to minutes - Minutes approved as presented 4. Approval of Agenda and Items on Consent Calendar NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. Action: Motion to approve the agenda as presented and to approve items listed on the consent calendar (Alternatively: Motion to add or remove items from the agenda, motion to move items from consent calendar to regular agenda for discussion and to approve those items remaining on the consent calendar). 5. Boards and Commissions a. Appointment to the Parks & Recreation Advisory Commission 6. Public Hearings 6a. Public Hearing to Consider Resolution Authorizing Renewal of Gambling Premises Permit for St. Louis Park Boy’s Traveling Basketball Association at Texa-Tonka Lanes, located at 8200 Minnetonka Blvd. Document Recommended Action: Mayor to close public hearing. Motion to approve the resolution authorizing renewal. 7. Requests, Petitions, and Communications from the Public - None 8. Resolutions, Ordinances, Motions 8a. Second reading of Ordinance amending Chapter 8, Article II, Subdivision XII, of the St. Louis Park Municipal Code concerning pawnbrokers and providing a penalty for violation. Document This ordinance authorizes the City of St. Louis Park to become part of the Automated Pawn System (APS). Recommended Action: Motion to approve second reading of ordinance as amended, adopt ordinance, approve summary and authorize publication. 8b. Zoning ordinance amendments relative to Sections 36-115, 36-142, 36-361, and 36- 366 to add large item retail as a separate land use classification, correct the table of bulk regulations to reflect previous amendments to residential setbacks, allow use of certain exterior building materials for park buildings, and correct a code formatting error relating to the location of required parking in the R-1, R-2 and R-3 residential districts. Document C-56-ZA as e 02 Recommended Action: Motion to approve first reading of the proposed Zoning Ordinance amendments. 8c. Traffic and Environmental Studies – Methodist Hospital Campus Expansion Document Recommended Action: Staff recommends the City Council approve the following two motions: § Authorize preparation of an Environmental Assessment Worksheet relating to the proposed expansion of the Methodist Hospital campus § Authorize the Mayor and City Manager to execute a contract with SRF Consulting Group Inc. for purposes of undertaking the preparation of an Environmental Assessment Worksheet and necessary traffic and parking analysis for a proposed Methodist Hospital expansion initiative with the understanding that Park Nicollet Health Services will escrow funds or enter into an agreement to reimburse the City for the costs associated with these activities. 9. Communications 10. Adjournment Auxiliary aids for individuals with disabilities are available upon request. To make arrangements, please call the Administration Department) at 952/924-2525 (TDD 952/924-2518) at least 96 hours in advance of meeting. ST. LOUIS PARK CITY COUNCIL MEETING OF NOVEMBER 18, 2002 SECTION 4: CONSENT CALENDAR NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. 4a Motion to approve resolution authorizing execution of a Traffic Control Signal Agreement with the State of Minnesota for installation of emergency vehicle preemption systems at two existing traffic control signals. Document 4b Motion to adopt the attached resolution that declares the petition adequate for the purposes of preparing a formal City Engineer’s Report on the feasibility and costs associated with a proposed alley improvement project in the 7600 & 7700 blocks of Edgebrook Drive. Document 4c Motion to approve the First Amendment to the Amended and Restated Contract for Private Redevelopment By and Between St. Louis Park Economic Development Authority and City of St. Louis Park and Meridian Properties Real Estate Development LLC dated July 23, 2001. Document 4d Motion to accept and file Planning Commission Minutes of August 21, 2002 Document 4e Motion to accept and file Planning Commission Minutes of September 18, 2002 Document 4f Motion to accept and file Telecommunications Commission Minutes of August 8, 2002 Document 4g Motion to accept and file Vendor Claim Report (See Agenda Supplement) AGENDA SUPPLEMENT CITY COUNCIL MEETING ***Meeting Date*** Items contained in this section are those items which are not yet available in electronic format and which are identified in the individual reports by inclusion of the word “Supplement”. St. Louis Park City Council Agenda Item: 111802 - 3a - City Council Minutes of November 4, 2002 Page 1 of 6 UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA November 4, 2002 1. Call to Order Mayor Jacobs called the meeting to order at 7:30 p.m. The following Councilmembers were present at roll call: Jim Brimeyer, Chris Nelson, Susan Sanger, Sue Santa, Sally Velick, and Mayor Jeff Jacobs. Councilmember Ron Latz was absent. Also present were the City Manager (Mr. Meyer); City Attorney (Mr. Knetsch); Director of Community Development (Mr. Harmening); Police Chief (Mr. Luse); Planning and Zoning Supervisor (Ms. Jeremiah); Planning Consultant (Mr. Ingraham); Human Resources Manager (Ms. Gohman); Civic TV Coordinator (Mr. Dunlap); Housing Programs Coordinator (Ms. Larsen); and Recording Secretary (Ms. Samson). Additional Staff present were Police Lieutenant (Mr. DiLorenzo); Support Services Sergeant (Mr. Giebel); and Housing Supervisor (Ms. Schnitker). 2. Presentations--None 3. Approval of Minutes 3a. City Council Minutes of October 21, 2002 The minutes were approved as presented. 4. Approval of Agenda and Items on Consent Calendar NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. 4a Accept for filing Board of Zoning Appeals Minutes of August 22, 2002 4b Accept for filing Human Rights commission Minutes of September 18, 2002 4c Approve Resolution No. 02-121 authorizing final payment for Elec Install & Maint #100-02, EVP System, in the amount of $30,600 4d Approve a 6 month extension of Beltline’s Wolfe Lake Professional Center Final PUD and Final Plat consideration until April 15, 2003 4e Adopt Resolution No. 02-122 amending Vail Place final plat approval to extend the plat filing deadline to January 2, 2003 St. Louis Park City Council Agenda Item: 111802 - 3a - City Council Minutes of November 4, 2002 Page 2 of 6 4f Accept for filing minutes of Park and Rec Advisory commission meeting of September 18, 2002 It was moved by Councilmember Sanger, seconded by Councilmember Santa, to approve the Agenda and items listed on the Consent Calendar. The motion passed 6-0. 5. Boards and Commissions--None 6. Public Hearings 6a. Public Hearing regarding AOL Time Warner Restructuring Civic TV Coordinator Reg Dunlap reported that the City Attorney’s report is thorough and the Telecommunications Commission has received a verbal update. Staff supports the City Attorney’s recommendation to ultimately grant the recognition of the transfer of the Time Warner transaction. Mayor Jacobs opened the public hearing. Lance Leupold, Time Warner Cable Director of Public Affairs, said local management will continue to remain in place, and Time Warner Cable’s (TWC) practices and policies will remain the same. City Attorney E. Knetsch assured Councilmember Sanger that the FCC will review the foundation of the financials in regard to this transaction. Councilmember Sanger asked if the City Council could delay action on this item until the FCC has reviewed the financial aspects of this transaction. Mr. Knetsch said he will research that information and respond prior to the next meeting. Mr. Knetsch added that the FCC will review the anti- competitiveness aspects of the transfer, the new corporation, and market share. City Manager Charlie Meyer explained that technically there is no first and second reading for this item because it is not an ordinance (an ordinance would require a first and second reading); it is a public hearing which must be followed within 30 days with a resolution adopted by the City Council. Mayor Jacobs closed the public hearing. Councilmember Sanger asked if the quality of service will diminish due to the restructuring. Mr. Dunlap said the franchise agreement addresses quality of service, and TWC has met the federal standards every year for such. Mr. Dunlap added that the Telecommunications Commission addresses service complaints on a case-by-case basis. It was moved by Councilmember Brimeyer, seconded by Councilmember Nelson, to set first reading for November 18. St. Louis Park City Council Agenda Item: 111802 - 3a - City Council Minutes of November 4, 2002 Page 3 of 6 The motion passed 6-0. 7. Requests, Petitions, and Communications from the Public 7a. Contract for Public Safety Dispatch 1/1/02 – 12/31/03 ResolutionNo. 02-119 Human Resources Manager Nancy Gohman reported on the public safety dispatch settlement and labor agreement. It was moved by Councilmember Sanger, seconded by Councilmember Santa, to adopt Resolution No. 02-119 approving a Labor Agreement between the City and Law Enforcement Labor Services Inc. (Local #220) for Public Safety Dispatch, establishing terms and conditions of employment for two years: 1/1/02 – 12/31/03. Councilmember Nelson explained that he always votes against such City contracts because he does not agree with the formula for how the benefits program is funded, e.g., benefits for single people are over-funded, which means money is put into their pockets thereby increasing their salaries. Councilmember Nelson stated the City under-funds benefits for married individuals and those with children thereby reducing their salaries. Councilmember Nelson said he promotes equal work for equal pay, and he thinks the City’s approach confuses benefits with pay. The motion passed 5-1. (Councilmember Nelson opposed). 7b. Establishing employer contribution for employer-provider cafeteria-style benefit programs for 2003. Resolution No. 02-120 Ms. Gohman summarized insurance benefits and premiums for 2003 for City employees. It was moved by Councilmember Santa, seconded by Councilmember Sanger, to adopt Resolution No. 02-120 approving a $40/mo. increase in the employer contribution for the cafeteria benefit plan for 2003. The motion passed 5-1. (Councilmember Nelson opposed). 7c. Cedar Trails Condominium Association Housing Improvement Area Ordinance No. 2231-02, Resolution No.’s 02-117 and 02-118 Housing Programs Coordinator Kathy Larsen reported on the Cedar Trails Condominium Association Housing Improvement Area, and four actions are required. Ms. Larsen said members of the Cedar Trails Condominium Association are present to answers questions, as well as attorney Stephen Bubul of Kennedy & Graven. Mr. Knetsch said it is acceptable to move the four motions as one. St. Louis Park City Council Agenda Item: 111802 - 3a - City Council Minutes of November 4, 2002 Page 4 of 6 It was moved by Councilmember Sanger, seconded by Councilmember Nelson, to approve Ordinance No. 2231-02 to establish the Cedar Trails Housing Improvement Area, approve summary and authorize publication. 2. To approve Resolution No. 02-117 to impose fees. 3. To authorize execution of Contract for Private Development and any other related documents, by the Mayor and City Manager, between the City and the Cedar Trails Condominium Association. 4. To approve Resolution No. 02-118 establishing internal loan fund. The motions passed 6-0. 7d. First reading of Ordinance amending Chapter 8, Article II, Subdivision XII, of the St. Louis Park Municipal Code concerning pawnbrokers and providing a penalty for violation Police Chief John Luse reported on the establishment of a draft of a new ordinance, which would provide for reasonable oversight and regulation of pawnshops in St. Louis Park. The ordinance would authorize St. Louis Park to become part of the Automated Pawn System (APS). Chief Luse explained that the ordinance would implement and establish the required use of APS; establish the ability to collect fees; maintain a maximum number of pawnbroker licenses issued during a calendar year at three (3), and allow Council to consider a reduction in this number from three to two; expands provisions regarding transactions and receipts, which provides for detailed information needed to make APS effective; creates a mandatory three-day holding period on merchandize prior to resale; provides for a police order to hold or confiscate an item in cases when a three-day holding period is inadequate or when an item in question is determined to be evidence or stolen. For the record, Mayor Jacobs acknowledged receipt of Mark Pearson’s email, dated November 1, 2002. Mr. Pearson is co-owner/shareholder of Excel Pawn, Inc., 7003 West Lake Street. Chief Luse responded to Mr. Pearson’s communication. The concerns expressed by Mr. Pearson were discussed, and Chief Luse stated the following: 1. Chief Luse and police personnel think a 90-day transition period to the effective date to implement new software is reasonable (see Section 3 of the draft ordinance). 2. In regard to customers being required to provide name, address, and telephone number for purchases of $100.00 or more, Mr. Pearson thinks it is unnecessary and may cause some customers to walk out, however, St. Louis Park police think there will be some occasions when items will clear the waiting period and be sold before they are determined to be stolen; police need to be able to locate items as evidence and evaluate legal possession of the item (see Section 8-430, subsection e). 3. Any payment by the pawnbroker of $250.00 or more shall be by check draft, or other non-negotiable instrument. St. Louis Park police agree with Mr. Pearson that this provision is not necessary (see Section 8-431, subsection g). 4. Prohibit a licensed pawnshop from doing business for one year with a customer who has conducted six transactions in a six- month period. St. Louis Park police agree with Mr. Pearson that this restriction is not necessary (see Section 8-431, subsection h). St. Louis Park City Council Agenda Item: 111802 - 3a - City Council Minutes of November 4, 2002 Page 5 of 6 Mr. Meyer suggested that if Council agrees with Chief Luses’ four recommendations, the ordinance could be approved as presented at first reading and Staff could be given direction to return with a recommendation for changes at the second reading. It was moved by Councilmember Nelson, seconded by Councilmember Sanger, to approve first reading of ordinance, with changes to be incorporated as stated by Chief Luse, and set second reading for November 18, 2002. Councilmember Sanger inquired about Section 8-427, subsection a, regarding the number of licenses issued. She said it is a step in the right direction to reduce the number of licenses from three to two. The motion passed 6-0. 7e. Second Reading of zoning ordinance text amendments regarding detached garages and other accessory structures/uses. Case No. 02-24-ZA Ordinance No. 2232-02 Planning Consultant Greg Ingraham summarized the directives given to Staff from Council at the October 2, 2002 City Council meeting, and changes made in the Code. Mr. Ingraham said the changes made to the accessory structure ordinance draft are: 16 inches shall be allowed for a setback as opposed to 24 inches; a CUP shall be required for ground floor areas in excess of 800 square feet; a CUP shall be required for any time there are windows, openings, and/or doors, etc. on the second floor of a detached or accessory structure; a CUP shall be required for roofs that are flat or approaching flat; and second floor space shall be limited to storage unless approved as part of a CUP. Mr. Ingraham displayed definitions for first floor and story according to the Building Code. Planning and Zoning Supervisor Janet Jeremiah said if a structure is damaged or destroyed to more than 60% of its value, then it could not be rebuilt unless it becomes conforming, i.e., to meet current ordinance, otherwise, a variance would be required. Councilmember Brimeyer commented that this issue has always been about building mass, building height, and the perceived imposition on neighboring properties. John A. Miller, 3550 France Avenue South, provided his perspective on first story definition. Ms. Jeremiah suggested Council may want to reference basement or first story, whichever is lower, and measurements could be taken from the very lowest point. Councilmember Santa said she is uncomfortable adding the language whichever is lower. She said one way to eliminate or minimize mass imposed on neighbors is the option to have a basement, and she does not want to eliminate basements unconditionally. St. Louis Park City Council Agenda Item: 111802 - 3a - City Council Minutes of November 4, 2002 Page 6 of 6 John Mohler, 4313 Brook Avenue South, said what matters to him about height is what will the upper floor of a garage be used for? Councilmember Nelson said it is valid for Council to look at mass, size, imposition, sight lines, and setbacks, however, he does not favor over- regulating garages. Mr. Miller said he would like story to be incorporated into first story. Mr. Miller is concerned about the exception associated with “four feet of dirt” as not counting or having a “free” story. Mr. Ingraham said the word story is in the definition of first story, and he thinks what is applicable to story is also applicable to first story. Councilmember Sanger said she would like to incorporate the spirit of the interpretation given by Mr. Ingraham. It was moved by Councilmember Sanger, seconded by Councilmember Santa, to approve Ordinance No. 22332-02 zoning ordinance text amendments regarding detached garages and other accessory structures/uses, approve the summary ordinance and authorize publication--as drafted and amended by Staff. Councilmember Brimeyer asked for clarification on the amendment. Councilmember Sanger responded: Staff’s recommendations as presented in the Councilmembers’ packets, and not about further amendment of what was proposed in writing. She is comfortable with the new amendments to the ordinances in the CUP process, which would allow for tighter control over large, intrusive garages in the neighborhoods. Councilmember Nelson said he supports Councilmember Sanger’s motion. The motion passed 6-0. 8. Resolutions, Ordinances, Motions--None 9. Communications From the City Manager: Mr. Meyer acknowledged the work and monumental efforts of the election judges, the City Clerk’s office, and City Staff involved in the election process. From Councilmember Nelson: Councilmember Nelson provided information regarding the Do Not Call List. 10. Adjournment Mayor Jacobs adjourned the meeting at 8:50 p.m. _________________________________ _________________________________ City Clerk Mayor St. Louis Park City Council Agenda Item: 111802 - 4a - MnDOT Agreement, EVP projects Page 1 of 2 4a. Motion to approve resolution authorizing execution of a Traffic Control Signal Agreement with the State of Minnesota for installation of emergency vehicle preemption systems at two existing traffic control signals. Several years ago, the City committed to installing emergency vehicle pre-emption devices (EVPs) on all signal systems in the City to facilitate emergency response. 2002 is the last year of this multi-year improvement program. After completion of this year’s project, all but a handful of signals will have EVPs. The remaining signals that do not have EVP systems (primarily along Excelsior Boulevard, west of TH 100) will have them installed when the accompanying road is rehabilitated. Two of the 2002 installation locations have been installed on Mn/DOT-owned traffic control signals. Therefore, Mn/DOT requires an agreement from the City to install and operate this equipment on their signals. As part of the agreement, the City agrees to pay for the cost of the installation, pay for Mn/DOT crews to modify the signal wiring as needed (estimated at $1,000 per signal), and remove the equipment if deemed necessary by the State. The agreement also outlines liability limitations for each party as a result of this installation. This agreement applies to the following signal systems: § Park Place Blvd. & I-394 east-bound ramp § Cedar Lake Road & TH 169 north-bound ramp The City Attorney has reviewed the Agreement and approves of its language. Recommendation: Staff recommends approving the attached resolution that authorizes the Mayor and City Manager to execute this agreement on behalf on the City. Prepared By: Maria Hagen, City Engineer Reviewed By: Harlan Backlund, Operations Superintendent Approved By: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 111802 - 4a - MnDOT Agreement, EVP projects Page 2 of 2 RESOLUTION NO. 02-XXX RESOLUTION AUTHORIZING EXECUTION OF A TRAFFIC CONTROL SIGNAL AGREEMENT WITH THE STATE OF MINNESOTA FOR INSTALLATION OF EMERGENCY VEHICLE PREEMPTION SYSTEMS WHEREAS, the City of St. Louis Park, Minnesota desires to install emergency vehicle preemption systems on two (2) traffic control signals owned by the Minnesota Department of Transportation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that the City enter into an agreement with the State of Minnesota for the following purposes, to wit: To install emergency vehicle preemption systems at the existing traffic control signals at the following locations: 1. Trunk Highway No. 169 East ramps at Cedar Lake Road 2. Trunk Highway No. 394 South Ramps at Xenia Avenue In accordance with the terms and conditions set forth and contained in Agreement No. 83905R, a copy of which was before the City Council. BE IT FURTHER RESOLVED that the Mayor and City Manager are hereby authorized to execute such agreement and any amendments, and thereby assume for and on behalf of the City all of the contractual obligations contained therein. Reviewed for Administration: Adopted by the City Council November 18, 2002 City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 111802 - 4b - Consent Alley Paving Petition Page 1 of 3 4b. Motion to adopt the attached resolution that declares the petition adequate for the purposes of preparing a formal City Engineer’s Report on the feasibility and costs associated with a proposed alley improvement project in the 7600 & 7700 blocks of Edgebrook Drive. Background: On October 11, 2002 the residents along Edgebrook Drive, submitted a petition to the City requesting the alley be paved in accordance with the City’s standard for alleys, and that the cost of the improvements be assessed against all benefited properties. Mr. Orville Folkerts of 7721 Edgebrook Drive circulated the petition. This alley is bounded on the south side by Edgebrook Park. The City’s Alley Paving Policy requires that at least 51% of the property owners (based on alley front feet) sign a petition for the improvement in order to investigate the feasibility and cost of construction. Analysis: 78% of the property owners (10 of 12 affected properties) have signed the petition. Therefore, the petition is deemed adequate in order to prepare a City Engineer’s report for review by the City Council. Project Timing: Staff has informed Mr. Folkerts that surveying and design will not be able to take place until next Spring. Once a preliminary design is completed, staff will hold a meeting with the affected residents to inform them of the project. A public hearing will also need to be held prior to approval. Mr. Folkerts requested that construction be scheduled for the early part of the Summer to minimize disruption to the adjacent properties. Attachments: Petitioner List Resolution Petition (Supplement) Prepared By: Maria A. Hagen, City Engineer Reviewed By: Harlan Backlund, Operations Superintendent Approved By: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 111802 - 4b - Consent Alley Paving Petition Page 2 of 3 RESOLUTION NO. __________ RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A REPORT TO DETERMINE THE FEASIBILITY OF PAVING THE ALLEY LOCATED IN THE 7600 & 7700 BLOCKS OF EDGEBROOK DRIVE WHEREAS, the City Council of the City of St. Louis Park has received a petition signed by affected property owners related to alley paving in the 7600 & 7700 blocks of Edgebrook Drive. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The City’s Alley Paving Policy requires that a petition containing signatures from at least 51% of the affected property owners be received in order to investigate the feasibility and cost of construction. 2. A certain petition requesting the improvement of the alley in the 7600 & 7700 block of Edgebrook Drive, filed with the Council on November 18, 2002, is hereby declared to be signed by the required percentage of owners of property affected thereby. This declaration is made in conformity to Minn. Stat. § 429.035. 3. The petition is hereby referred to the City Engineer and she is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is necessary, cost-effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Reviewed for Administration: Adopted by the City Council November 18, 2002 City Manager Mayo r Attest: City Clerk St. Louis Park City Council Agenda Item: 111802 - 4b - Consent Alley Paving Petition Page 3 of 3 Petition Signatures for Concrete Alley Paving in 7600 & 7700 Block of Edgebrook Drive Address Petition Signed by Property Owners 7601 Edgebrook Drive * 7605 Edgebrook Drive * 7609 Edgebrook Drive * 7613 Edgebrook Drive * 7701 Edgebrook Drive 7705 Edgebrook Drive * 7709 Edgebrook Drive * 7713 Edgebrook Drive 7717 Edgebrook Drive * 7721 Edgebrook Drive * 7725 Edgebrook Drive * 7729 Edgebrook Drive * Petition signed by 10 of 12 properties (78%) St. Louis Park City Council Agenda Item: 111802 - 4c - TOLD Development Agmt., 1st Amendment Page 1 of 2 4c. Motion to approve the First Amendment to the Amended and Restated Contract for Private Redevelopment By and Between St. Louis Park Economic Development Authority and City of St. Louis Park and Meridian Properties Real Estate Development LLC dated July 23, 2001. Background: At the September 9, 2002 Study Session the City Council directed staff to negotiate amendments to the Development Agreement with Meridian Properties (TOLD Development) in order to revise the Excelsior & Grand project construction schedule as well as to clarify several other outstanding matters. Staff and the EDA’s legal counsel have completed negotiations with TOLD and have agreed to an Amendment which is presented for EDA approval. Primary business points of that Amendment are summarized below. Amendment Business Points: Ø The number of rental units required in Phase One was slightly modified from “approximately 350 units” to 338 units. Ø The number of rental units required in Phase NE was changed from “approximately 79 units” to 65 units and the minimum number of owner occupied units was increased from 35 to 45. Ø TOLD will implement and maintain a parking permit system for residents of the Section 8 Units within the project. Ø TOLD must retain a qualified housing development consultant to assist in development of the owner-occupied housing component of the project and the Authority must approve the selected consultant. Ø The Authority is entitled to review and approve the articles, bylaws and declaration of restrictive covenants for the townhome or condominium association created for the project. Ø The Housing Association documents for the owner occupied housing must include the following: • That each unit owner be a member of the Association; • That the Association have the authority to assess unit owners; • That the Association establish a maintenance fund for exteriors, common areas and utilities (including an annual assessment per unit that provides sufficient revenues to pay maintenance and replacement costs); • A long-term maintenance and replacement plan. Ø The Authority and City may grant TOLD a temporary right of access over portions of the Redevelopment Property for the sole purpose of storage and staging for construction for future phases. St. Louis Park City Council Agenda Item: 111802 - 4c - TOLD Development Agmt., 1st Amendment Page 2 of 2 Ø The construction schedule for several phases of the project was modified (see chart below). Of particular note, the required final completion for Phase 1 was extended five months with the understanding that entire buildings would be completed in stages between December 2002 and July 2003. Also, the start date for Phase NE (Phase 2) was changed from October 1, 2002 to July 1, 2003 for the owner-occupied housing and January 1, 2004 for the rental portion. Most importantly, however, the required completion date for the entire project – June 1, 2007 was not changed. REVISED CONSTRUCTION SCHEDULE Phase Target Commencement Required Commencement Target Completion Required Completion I Superblock And Initial Public Improvements* NA (No Change) 8/20/01 (No Change) 9/1/02 (No Change) Changed from 2/1/03 to 7/1/03 NE Small Apartments/ Owner-Occupied Housing Changed from 6/1/02 to NA Apts. changed from 10/1/02 to 1/1/04 Owner-Occupied changed from 10/1/02 to 7/1/03 Changed from 6/1/03 to NA Apts. changed from 12/31/03 to 3/1/05 Owner-Occupied changed from 12/31/03 to 9/1/04. NW Large Apartments Changed from 6/1/03 to 6/1/04 Changed from 4/1/04 to 4/1/05 Changed from 6/1/04 to 6/1/05 Changed from 8/1/05 to 8/1/06 E Small Office** Changed from 10/1/03 to 10/1/04 4/1/06 (No change) Changed from 10/1/04 to 12/01/05 6/01/07 (No change) Recommendation: Staff recommends approval of the proposed “First Amendment to the Amended and Restated Contract for Private Redevelopment” as presented. Attachments: First Amendment to Amended and Restated Contract for Private Redevelopment (See Attachment for Corresponding EDA item) Prepared by: Greg Hunt Economic Development Coordinator Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 111802 - 4d - Planning Commission Minutes of Aug. 21 Page 1 of 3 OFFICIAL MINUTES PLANNING COMMISSION STUDY SESSION ST. LOUIS PARK, MINNESOTA August 21, 2002 -- 6:00 P.M. COUNCIL CHAMBERS MEMBERS PRESENT: Phillip Finkelstein, Michael Garelick, Dennis Morris, Carl Robertson, Jerry Timian MEMBERS ABSENT: Michelle Bissonnette, Ken Gothberg STAFF PRESENT: City Attorney Tom Scott, Judie Erickson, Janet Jeremiah, Nancy Sells GUEST: State Representative Betty Folliard 1. Call to order -- Roll Call Vice-Chair Robertson called the meeting to order at 6:05 p.m. 2. Approval of Minutes of August 7, 2002 Commissioner Finkelstein moved approval of the minutes of August 7, 2002. The motion was seconded by Commission Timian and passed 5-0. 3. Hearings: None 4. Study Session A. Affordable Housing Legislation Planning and Zoning Supervisor Janet Jeremiah provided a report regarding affordable housing legislation adopted by the State Legislature in 2002. City Attorney Tom Scott said new language has been added to the subdivision statute stating that cities have the authority, with the agreement of the developer, to enter into agreements to have an affordable-type housing component to a subdivision approval. At this time, Mr. Scott is of the opinion that a city may not mandate affordable housing. Mr. Scott added, it is, however, another matter if public money is involved. Ms. Jeremiah commented it was her understanding that providing incentives for developers to offer affordable housing probably would be acceptable, however, Ms. Official Planning Commission Minutes August 21, 2002 Page 2 Jeremiah added that the City cannot require affordable housing as a condition of approval, unless a PUD modification is requested. Commissioner Garelick said essentially there is no affordable housing in St. Louis Park. Commissioners Morris and Timian offered opposing perspectives. State Representative Betty Folliard said homes in St. Louis Park were built for the about- to-be baby boomer families. Ms. Jeremiah discussed regulatory barriers. Commissioner Garelick does not want the quality of the housing stock to be diminished. Commissioner Finkelstein said the City cannot wait for developers to approach the City, he suggested choosing an area in which to develop affordable housing and, perhaps, it would have to be a condominium development as opposed to single-family homes. Representative Folliard said although seniors are staying in their homes longer, there is a need for senior housing in St. Louis Park, such as condominiums, which in turn may free up some of the housing stock. B. Nonconformities Ms. Jeremiah presented a brief overview of the nonconformities ordinance. She said some of the nonconformities are due to the restructuring of the Zoning Code, i.e., pre- 1992 code allowed many uses that are no longer allowed in a given zoning district. Changes in amortization law were discussed, and a brief overview of how nonconformities are handled for different situations was discussed. Ms. Jeremiah said existing nonconformities are only expected to be brought into conformance to the extent reasonable and possible for special permits and new uses in existing multi-tenant buildings. Otherwise, they must all be removed for other CUPs, PUDs, and building permits for additions. The discussion turned to Item 4E, the Texa-Tonka Study. Planning Coordinator Judie Erickson discussed some of the issues regarding the Texa-Tonka area, i.e., Minnetonka Blvd., access to Minnetonka Blvd., high accident rate, and the condition of the Texa- Tonka shopping center. Ms. Erickson said the City is negotiating with Jeff Fine. Mr. Fine is the property owner of Texa-Tonka shopping center, the bowling alley, and the northeast corner of Texas and Minnetonka Blvd. Ms. Erickson reported that about 2/3 of the neighbors surrounding the Texa-Tonka shopping center do not want Virginia Avenue to be vacated, as proposed by Mr. Fine. Mr. Fine will apply for a PUD. Commissioner Morris asked if Hennepin County is involved in the issues surrounding Texas Avenue and Minnetonka Blvd., and Ms. Erickson said the City would like to present a plan to the County to ask for their support. Official Planning Commission Minutes August 21, 2002 Page 3 C. Elmwood Study Update Ms. Erickson presented a report on the Elmwood Area Study. She discussed the 36th Street access. Ms. Erickson reported that the Elmwood neighborhood has come up with a position paper stating that they favor the compressed diamond design. SRF Consultants is involved in the study. Ms. Erickson said the plans will go to a developer roundtable and to a technical advisory committee, which consists of individuals from Metro Transit and the Metropolitan Council. A consultant will present revised solutions based on the comments received. These will be considered by the Community Advisory Committee before being discussed at a future Open House. D. SW Corridor Study Ms. Erickson presented information on the Southwest Corridor. E. Texa-Tonka Study See Item 4B for discussion regarding the Texa-Tonka Study. 5. Communications A. Park Commons Construction Tour There was discussion regarding a tour of Park Commons for the Commissioners for September 4th. 6. Adjournment Vice-Chair Robertson adjourned the meeting at 8:35 p.m. Minutes prepared by: Respectfully submitted by: Linda Samson Nancy Sells Recording Secretary Administrative Secretary St. Louis Park City Council Agenda Item: 111802 - 4e - Planning Commission Minutes of Sept. 18 Page 1 of 3 OFFICIAL MINUTES PLANNING COMMISSION – STUDY SESSION ST. LOUIS PARK, MINNESOTA September 18, 2002 -- 6:00 P.M. COUNCIL CHAMBERS MEMBERS PRESENT: Michael Garelick, Ken Gothberg MEMBERS ABSENT: Michelle Bissonnette, Phillip Finkelstein, Dennis Morris, Carl Robertson, Jerry Timian STAFF PRESENT: Tom Harmening, Janet Jeremiah, Kathy Larsen, Michele Schnitker, Nancy Sells GUEST: Bob Cunningham, TOLD Development 1. Call to Order Chair Gothberg called the meeting to order at 6:12 p.m. 2. Study Session A. Housing Discussion Michele Schnitker, Housing Supervisor, provided background on the interest of the City Council in holding a series of joint meetings between the City Council, Housing Authority, Planning Commission, School Board and a business representative to discuss the status of housing in St. Louis Park. Staff proposes a two level group meeting approach with a series of nine meetings held over a one- year period. A large group meeting of all participants would be held initially regarding City demographics, housing data, historical and future housing trends in the City, current housing policies, strategies, goals and existing programs. Ms. Schnitker said the emphasis on the first meeting would be education. Staff proposes then to establish a steering committee of representatives from each of the groups which would look at more specific housing topics and report back to the large group at progress/check-in meetings. Progress meetings would allow the large group to review the findings and discuss policy implications. Ms. Schnitker reported that at its October 9 study session, the City Council indicated an interest in establishing the initial meeting. The Council recommended that at the end of that meeting next steps should be discussed; whether or not to continue with a two level group approach or consider a different Official Minutes Planning Commission September 18, 2002 Page 2 process. All School Board members will be invited to attend the large group meetings. One member, selected by the School Board, will serve as a member of the Steering Committee. Ms. Schnitker said that housing topics which have been identified include: demographic indicators, housing indicators, current housing production goals, multi-family/single family housing ratio, ownership/rental ratio, condition of existing housing stock, housing preservation, move-up housing, affordable/workforce/housing with services, senior housing, regional housing status and trends, land use, and transportation. Ms. Schnitker reviewed the proposed process for governance, public review and comment, and facilitation. She invited commissioners to provide feedback regarding the proposed topics and series of meetings. Ms. Schnitker said that in accordance with the City Council’s wishes, staff is moving ahead with steps to hold the initial meeting. Commissioner Garelick distributed St. Louis Park real estate data and asked that it be incorporated into the initial meeting materials. He added that updated data can be provided closer to the meeting. Commissioner Garelick suggested that the data will show that the average person in St. Louis Park can’t afford to buy the house they are in. Mr. Harmening said the first meeting is intended to give participants a thorough overview of the overall housing situation in St. Louis Park which would lead to subsequent, focused conversations on such topics as affordable housing and new housing production. Commissioner Garelick commented on the desirability of living in St. Louis Park as a reason why housing costs are high. Ms. Schnitker said staff hopes the initial meeting will take place by the end of the year or first of the year. Mr. Harmening said staff will be working with Twin West Chamber to help the City define who the business representative might be. B. Park Commons – Phase II Janet Jeremiah, Planning and Zoning Supervisor, provided background on TOLD’s proposal for Phase II options and timing. She said the specific proposal has not yet been refined and is presented as three options. She added that the proposed change in schedule will require the EDA to amend the development agreement. Official Minutes Planning Commission September 18, 2002 Page 3 Chair Gothberg asked Mr. Cunningham to comment on the elements which affected the timing. He asked him to also comment on the options proposed for Phase II. Mr. Cunningham spoke about elements which affected the timing of Phase II. He also spoke about the lease-out schedule, market feedback, design considerations, and pricing. Commissioner Garelick remarked that the condominium market is very strong at the price Mr. Cunningham referred to. He said he is very optimistic about condo sales in the project given the quality, location and amenities. Commissioner Garelick added that one-level townhomes are very much in demand. Mr. Cunningham said that TOLD has received interest in condos from all age groups. Mr. Cunningham presented a draft preliminary site plan for Phase II which illustrated plans for a 40 unit condominium building of four levels and an 80 unit apartment building. There was a discussion about residential parking for the project. Chair Gothberg remarked that the Planning Commission generally favored more owner occupied housing than what was in the original plan. Mr. Cunningham said TOLD will be refining the plan for Phase Two in the coming months and they anticipate working through the approval process during the winter months. 3. Adjournment Chair Gothberg adjourned the meeting at 7:15 p.m. Respectfully submitted, Nancy Sells Administrative Secretary St. Louis Park City Council Agenda Item: 111802 - 4f - Telecommunications Commission Minutes of August 8 Page 1 of 5 OFFICIAL MINUTES ST. LOUIS PARK TELECOMMUNICATIONS COMMISSION MEETING OF AUGUST 8, 2002 at 7:00 p.m. ST. LOUIS PARK CITY HALL, WESTWOOD ROOM MEMBERS PRESENT: Bruce Browning, Ken Huiras, Bob Jacobson, Mary Jean Overend, and Rolf Peterson. Rick Dworsky arrived at 7:30 p.m. MEMBERS ABSENT: Dale Hartman STAFF PRESENT: Reg Dunlap, Civic TV Coordinator and John McHugh, Community TV Coordinator OTHERS PRESENT: Arlen Mattern, Time Warner Cable Public Affairs Administrator; Lon Hall, Time Warner Cable MDU Administrator; Karen O’Toole, Housing Administrator of Menorah Plaza; and Linda Samson, Recording Secretary 1. Call to Order Acting Chair Browning called the meeting to order at 7:00 p.m. 2. Roll Call Present at roll call were Commissioners Bruce Browning, Ken Huiras, Bob Jacobson, Mary Jean Overend, and Rolf Peterson; City Staff Reg Dunlap and John McHugh; and Recording Secretary Linda Samson. New Commissioner Rolf Peterson was introduced. 3. Approval of Minutes for May 9, 2002 Corrections: From Commissioner Huiras: Page 2, Paragraph 3, Line 3, change Cable to Telecommunications. From Commissioner Huiras: Page 3, Paragraph 1, Line 2, change Jacobs to Jacobson. It was moved by Commissioner Huiras, seconded by Commissioner Jacobson, to approve the minutes as amended. The motion passed 5-0. 4. Adoption of Agenda Commissioner Huiras would like to add a discussion regarding School Board, general update, and the $38,000.00 grant to Item 6, Old Business, as Item 6B. St. Louis Park City Council Agenda Item: 111802 - 4f - Telecommunications Commission Minutes of August 8 Page 2 of 5 It was moved by Commissioner Jacobson, seconded by Commissioner Huiras, to approve the agenda as amended. The motion passed 5-0. 5. New Business 5A Time Warner Preemption of Channel 6 as a Security Channel Karen O’Toole, Housing Administrator of Menorah Plaza, 4925 Minnetonka Blvd., provided background information regarding the preemption of channel 6 as a security channel at Menorah Plaza. Menorah Plaza is a 151-unit, one- and two-bedroom apartment building, with some handicapped accessible units, in a controlled-entry building. The average age of its residents is 85 years old, and many of them are native Russian speaking. An informational background sheet was included in the Commissioners’ packets, dated July 30, 2002, and prepared by Community TV Coordinator John McHugh. Ms. O’Toole thinks the Time Warner Cable (TWC) recurring charge, which is unrelated to actual subscription level, is unreasonable. There are about 40 TWC subscribers in the building. According to O’Toole, prior to wiring, TWC stated they would add Menorah Plaza’s security channel 6 to their system. Ms. O’Toole doesn’t object to a one-time equipment and installation charge, but does object to a monthly fee. Ms. O’Toole noted that every apartment has two television connections: a master cable antenna, installed when the building was constructed 21 years ago and the Time Warner installed cable. Ms. O’Toole was referred to the Telecommunications Commission, and she would like clarification and help. She stated that it is inappropriate for Menorah Plaza to pay for apartment units that are not on the TWC system. Another issue is the use of channel 6, which is a required channel on basic cable and mandated in the franchise agreement. Lon Hall, TWC MDU Administrator, said Sholom Home wired its own building with what is called a swing system. Mr. Hall said a line feeds into a distribution box and it goes either to the building’s master antenna or it swings to TWC cable. Sholom Home’s security system is carried on their master antenna. Mr. Hall said the charge of .25 cents is an administrative charge. Menorah Plaza does not have a swing system, however, Menorah Plaza has two outlets, i.e., one for the master antenna for the building and one for the cable system. The master antenna carries access for the security camera, the cable does not. Mr. Hall said in exchange for access, TWC will not charge Sholom Home for its cable security camera, and the same will be true for the Roitenberg Family Assisted Living Residence when it opens. Ms. O’Toole said she had no knowledge that she could have negotiated the same agreement—no charge to Menorah Plaza in exchange for TWC to gain access. St. Louis Park City Council Agenda Item: 111802 - 4f - Telecommunications Commission Minutes of August 8 Page 3 of 5 Commissioner Dworsky arrived at 7:30 p.m. Ms. O’Toole and Mr. Hall will discuss options for a remedy after the meeting or on August 9th. Arlen Mattern, TWC Public Affairs Administrator, said the channel 6 signal is being sent to Menorah Plaza but they are not taking the channel. Mr. Mattern would like additional time to review the facts and come up with a solution to the channel 6 issue. He asked that the Telecommunications Commission not take this matter to the City Council until TWC has worked with City Staff. It was moved by Commissioner Huiras, seconded by Commissioner Jacobson, to direct Lon Hall, Arlen Mattern, Karen O’Toole, and City Staff to meet prior to the Telecommunications Commission meeting of October 17, 2002 to discuss the issues related to this item and provide a recommendation to the Telecommunications Commission. The motion passed 6-0. 5B Time Warner Annual Filings Civic TV Coordinator Reg Dunlap said the franchise fee auditor, Scott Lewis, has requested specific information in regard to the financials. Commissioner Jacobson requested information be given to the Commission regarding direct versus indirect ownership of the cable system. Commissioner Dworsky requested rules for leased access be provided to the Commission, and to include what channels are designated leased access. 5C Time Warner Customer Service Update Deb Squire of TWC will discuss this item in detail at the October 17, 2002 meeting. 5D Franchise Renewal Progress Report John McHugh said that he has been working with the St. Louis Park Business Council to assess their membership’s needs, and plans to work those needs into the renewal talks. 5E Future Options for School Board and City Council Meeting Replays on Civic 17 Mr. Dunlap reported that Councilmember Nelson stated he would like City Council meetings to air more often. Mr. Dunlap said School Board meetings could air on a different channel to accommodate greater air time for City Council meetings and, perhaps, Planning Commission meetings. St. Louis Park City Council Agenda Item: 111802 - 4f - Telecommunications Commission Minutes of August 8 Page 4 of 5 Commissioner Jacobson said he often comes across School Board meetings, and he favors running other meetings more often. Mr. Dunlap will check for vacancies on channel 16 to air City Council meetings. Commissioner Jacobson suggested airing fewer Planning Commission meetings. Commissioner Huiras thinks channel 14 should be for school-related programming, including adding School Board meetings to that channel. Commissioner Peterson requested airing City Council meetings on Sunday nights. Commissioner Jacobson expressed his desire for more adult learning programs. 5F Telecommunications Commission Grants for Specific Programs Mr. Dunlap discussed various grant options for the Commission to consider. Commissioner Jacobson requested Staff develop an outline for the Commission to consider. Commissioner Browning said that a Telecommunications Commission subcommittee could evaluate the grant applications. 5G By-Laws Reviewed By-laws will be reviewed at the October 17, 2002 meeting. Prior to that meeting, Mr. Dunlap will distribute copies of the by-laws to the Commissioners via email. 5H Competitive Broadband Issues Mr. Dunlap said competition for broadband is poor. An article by Joe Estrella was included in tonight’s packet. 6. Old Business 6A Update: Auditing Time Warner Cable Franchise Fees Mr. Dunlap reported auditor Scott Lewis found about 1,000 addresses on the City’s list that were absent from TWC’s list of all addresses in St. Louis Park. The discrepancy may indicate underreporting of franchise fees because funds may be misdirected to communities other than St. Louis Park. Mr. Dunlap will follow up with Kim Roden. 6B School Board Update St. Louis Park City Council Agenda Item: 111802 - 4f - Telecommunications Commission Minutes of August 8 Page 5 of 5 Commissioner Huiras asked if information has come in from the school board regarding programming reports, inventory updates, school needs, equipment, and their requests for the next two years. Mr. Dunlap responded no, and he has not received a response in regard to his letter to Dr. Barb Pulliam. Commissioner Huiras wants updates on School Board activities at every meeting. Mr. Dunlap said Commissioner Peterson is the School Board appointee. 7. Reports Commissioner Dworsky asked about a revised list of digital music channels, since there had been several recent changes. Mr. Mattern said that typically the list is updated annually. 8. Communications from the Chair: None 9. Communications from City Staff Mr. Dunlap attended a demonstration of video on demand (VOD), and he was impressed by what he saw. Mr. Dunlap reported that effective July 31, 2002, TWC will no longer impose fees to upgrade or downgrade services. 10. Adjournment It was moved by Commissioner Dworsky, seconded by Commissioner Huiras, to adjourn the meeting at 9:35 p.m. The motion passed 6-0. Minutes prepared by: Respectfully submitted by: Linda Samson Reg Dunlap Recording Secretary Civic TV Coordinator St. Louis Park City Council Agenda Item: 111802 - 6a - Traveling Basketball Premises Permit Page 1 of 2 6a. Public Hearing to Consider Resolution Authorizing Renewal of Gambling Premises Permit for St. Louis Park Boy’s Traveling Basketball Association at Texa-Tonka Lanes, located at 8200 Minnetonka Blvd. Recommended Action: Mayor to close public hearing. Motion to approve the resolution authorizing renewal. Background: The St. Louis Park Traveling Basketball Association has submitted an application for a Gambling Premises Permit at Texa Tonka Lanes, 8200 Minnetonka Blvd. The organization holds a Class B license and conducts lawful gambling at this site only. The Association donates approximately $40,000 annually to the youth basketball program for boys in grades four through nine. The association also directs a percentage of their gross profit to charities located in St. Louis Park. All requirements for issuance of the license have been met. Notification was made to property owners within 350 feet of the establishment and no calls have been received in response to that mailing. The Police Department has conducted a background investigation of the organization and its officers. The City Council must act to approve or deny the renewal before it is submitted to the State Gambling Control Board. If approved, a copy of the resolution passed by the Council will be submitted to the State. Attachments: Resolution Prepared by: Cynthia D. Reichert, City Clerk Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 111802 - 6a - Traveling Basketball Premises Permit Page 2 of 2 RESOLUTION NO. 02-___ A RESOLUTION APPROVING ISSUANCE OF A PREMISES PERMIT FOR LAWFUL GAMBLING St. Louis Park Traveling Basketball Association At Texa Tonka Lanes, 8200 Minnetonka Boulevard WHEREAS, Minnesota Statutes Chapter 349 and St. Louis Park Ordinance Section 13-1600 , provide for lawful gambling licensing by the State Gambling Control Board; and WHEREAS, a licensed organization may not conduct lawful gambling at any site unless it has first obtained from the Board a premise permit for the site; and WHEREAS, the Board may not issue or renew a premises permit unless the organization submits a resolution from the City Council approving the premises permit; therefore, BE IT RESOLVED by the City of St. Louis Park City Council that the applicant listed below meets the criteria necessary to receive a premises permit, and the application is hereby approved St. Louis Park Traveling Basketball Association At Texa Tonka Lanes, 8200 Minnetonka Boulevard St. Louis Park Minnesota 55426 Reviewed for Administration: Adopted by the City Council November 18, 2002 City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 111802 - 8a - Pawn Ordinance Page 1 of 15 8a. Second reading of Ordinance amending Chapter 8, Article II, Subdivision XII, of the St. Louis Park Municipal Code concerning pawnbrokers and providing a penalty for violation. This ordinance authorizes the City of St. Louis Park to become part of the Automated Pawn System (APS). Recommended Action: Motion to approve the resolution setting fees, approve second reading of ordinance as amended, adopt ordinance, approve summary and authorize publication. Background: This ordinance was brought before Council on November 4, 2002, for first reading. The ordinance was reviewed in summary fashion, and we then outlined feedback received from Excel Pawn regarding the proposed ordinance. Excel Pawn, a licensed St. Louis Park pawn shop, raised questions regarding the following four items contained in the ordinance: 1. On the last page of the ordinance, under Section 3, the effective date is 15 days after passage and publication. Excel Pawn felt that 15 days was an inadequate period of time to acquire and transition to new software and proposed a 90-day transition period from the effective date. 2. Under Section 8-431, Subsection g, the ordinance requirement was that any payment of $250 or more shall be by check, draft or other non-negotiable instrument. Excel Pawn pointed out that they are a currency exchange also, and simply ended up cashing their own checks. They proposed that this subsection be deleted. 3. Section 8-431, Subsection h, prohibits a licensed pawnshop from doing business for 1 year with any customer who has conducted 6 transactions in a 6-month period of time. Excel Pawn felt this restriction was unnecessary and proposed that this subsection be deleted. 4. Under Section 8-430, subsection 3, a customer is required to provide name, address, and phone number for purchases of $100 or more. Excel Pawn felt that this is unnecessary and might cause some customers to walk out. Their proposal was that this subsection be deleted. Police staff felt that the proposals made by Excel Pawn in items 1, 2 and 3 were reasonable. However, police staff did not support the proposal made by Excel Pawn regarding item 4. Mayor Jacobs and the Council directed police staff to work with the City Attorney to amend this ordinance to incorporate the changes supported by police staff within items 1, 2 and 3. The attached pawn ordinance has been amended by the City to reflect the changes proposed in items 1, 2 and 3. St. Louis Park City Council Agenda Item: 111802 - 8a - Pawn Ordinance Page 2 of 15 Recommendation: Staff recommends approval of the amended ordinance. Attachments: Redlined Ordinance showing changes Ordinance Summary for Publication Prepared By: John D. Luse, Chief of Police Approved By: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 111802 - 8a - Pawn Ordinance Page 3 of 15 ORDINANCE NO. 02-_______ AN ORDINANCE AMENDING CHAPTER 8, ARTICLE II, SUBDIVISION XII, OF THE ST. LOUIS PARK MUNICIPAL CODE CONCERNING PAWNBROKERS AND PROVIDING A PENALTY FOR VIOLATION THE CITY COUNCIL OF THE CITY OF ST. LOUIS PARK ORDAINS: Section 1. Repealer. Chapter 8, Sections 8-421 through 8-425 of the St. Louis Park Municipal Code are hereby repealed in their entirety. Section 2. Chapter 8 of the St. Louis Park Municipal Code is hereby amended to add new sections 8-421 through 8-437 which read as follows: Subdivision XII. Pawnbroker 8-421 Purpose. (a) The City Council finds that the use of services provided by pawnbrokers potentially provides an opportunity for the commission of crimes and their concealment because such businesses have the ability to receive and transfer stolen property easily and quickly. The City Council also finds that consumer protection regulation is warranted in transactions involving pawnbrokers. The purpose of this Section is to prevent pawn businesses from being used as facilities for the commission of crimes and to assure that such businesses comply with basic consumer protection standards, thereby protecting the public health, safety, and general welfare of the citizens of the City. (b) To help the Police Department better regulate current and future pawn businesses, decrease and stabilize costs associated with the regulation of the pawn industry, and increase identification of criminal activities in the pawn industry through the timely collection and sharing of pawn transaction information, this Section also implements and establishes the required use of the Automated Pawn System (APS). 8-422. Regulations Adopted. The regulations pertaining to pawnbrokers set forth in Minn. Stat. Ch. 325J, as amended, are hereby adopted herein by reference as if fully stated herein. 8-423. General Provisions Apply. All provisions of Chapter 8, Article II: General Provisions, apply to this section unless stated otherwise in the individual provisions of this Section. 8-424. License Required. No person shall engage in the business of pawnbroker in the City without first obtaining a license from the City. 8-425 Application. St. Louis Park City Council Agenda Item: 111802 - 8a - Pawn Ordinance Page 4 of 15 (a) Form of Application. In addition to any information that may be required by the County pursuant to Minn. Stat. § 471.924, every application for a license under this Section shall be made according to provisions contained in sections 8-36 of this Chapter. (b) Application Verification. All applications for pawnbroker licenses shall be referred to the Police Department for verification and investigation of the facts set forth in the application. The Police Department shall make a written report and recommendation to the City Clerk as to issuance or non-issuance of the license. The City Clerk may order and conduct such additional investigation as deemed necessary. 8-426. Licensee Eligibility. (a) To be eligible for or to maintain a pawnbroker license, a person must operate lawfully and fairly within the purposes of Minn. Stat. Ch. 325J and this Section and: (1) may not be a minor at the time that the application for a pawnbroker's license is filed; (2) may not have been convicted of any crime directly related to the occupation licensed as prescribed by Minn. Stat. Section 364.03, subdivision 2, unless the person has shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of a licensee under this Chapter as prescribed by Section 364.03, subdivision 3; and (3) must be of good moral character or repute. (4) must not hold an intoxicating liquor license within the City. 8-427. License Restrictions. (a) Number of Licenses Issued. On the effective date of this Subdivision XII, the maximum allowable number of pawnbroker licenses shall be two. Pawnbroker licensees existing on the effective date of this Subdivision XXI are eligible to apply for renewal at the existing licensed premises, and if renewed, may continue until the license for that licensed premises is revoked or is not renewed. (b) License Transfer Not Allowed. Each license under this Section shall be issued to the applicant only and shall not be transferable to any other person. No licensee shall loan, sell, give, or assign a license to another person. (c) Inactive License. The City Council may revoke the pawn license of any business that shows no pawn activity for a period of six months. A hearing shall be held to determine the status of the pawn operation and if satisfactory intent to do business under the license is not demonstrated, the City Council may revoke the license. (d) Premises. A license under this division shall be issued only for the exact rooms and square footage of the premises described in the application. (e) Zoning requirements met. No license shall be granted until all applicable zoning requirements are met or until all conditions for approval of the use have been satisfied. 8-428. Fees. (a) Investigation Fee. An applicant for any license under this Chapter shall, at the time an original application is submitted, pay the City a nonrefundable investigation fee as set from time to St. Louis Park City Council Agenda Item: 111802 - 8a - Pawn Ordinance Page 5 of 15 time by the city council and listed in appendix A to this Code, to cover the costs involved in verifying the license application and to cover the expense of any investigation needed to assure compliance with this Section. (b) License Fee. The licensee shall pay an annual license fee as set from time to time by the city council and listed in appendix A to this Code. (c) Billable Transaction Fees. Licensees shall pay a monthly transaction fee on all billable transactions as defined in section 8-429 (b). Such fee shall be as set from time to time by the city council and listed in appendix A to this Code. Billable transaction fees are payable within thirty (30) days. Failure to timely pay the billable transaction fee shall constitute a violation of this Section. 8-429. Transactions. (a) Reportable Transactions. Every transaction conducted by a pawnbroker in which merchandise is received through a pawn, purchase, consignment or trade, or in which a pawn is renewed, extended, redeemed or voided, is a reportable transaction except: (1) The bulk purchase or consignment of new or used merchandise from a merchant, manufacturer, or wholesaler having an established permanent place of business, and the retail sale of said merchandise, provided the pawnbroker must maintain a record of such purchase or consignment which describes each item, and must mark each item in a manner which relates it to that transaction record. (2) Retail and wholesale sales of merchandise originally received by pawn or purchase, and for which all applicable hold and/or redemption periods have expired. (b) Billable Transactions. Billable transactions are defined as every reportable transaction conducted by a pawnbroker, except renewals, redemptions, or extensions of existing pawns on items previously reported and continuously in the licensee’s possession. 8-430. General Operating Requirements. (a) Records Required. At the time of any reportable transaction other than renewals, extensions or redemptions, every licensee must immediately record in English the following information by using ink or other indelible medium on forms or in a computerized record approved by the police department: (1) A complete and accurate description of each item including, but not limited to, any trademark, identification number, serial number, model number, brand name, or other identifying mark on such an item. (2) The purchase price, amount of money loaned upon, or pledged therefor. (3) The maturity date of the transaction and the amount due, including monthly and annual interest rates and all pawn fees and charges. (4) Date, time and place the item of property was received by the licensee, and the unique alpha and/or numeric transaction identifier that distinguishes it from all other transactions in the licensee's records. Transaction identifiers must be consecutively numbered. St. Louis Park City Council Agenda Item: 111802 - 8a - Pawn Ordinance Page 6 of 15 (5) Full name, current residence address, current residence telephone number, date of birth and accurate description of the person from whom the item of the property was received, including: sex, height, weight, race, color of eyes and color of hair. (6) The state of issue and identification number from a current valid photo driver’s license or a current valid state photo identification card from any state or from any province of Canada. (7) The signature of the person identified in the transaction. (b) Photographs Required. Effective ninety (90) days from the effective date of this Subdivision XII, the licensee must also take a color photograph or color video recording of: (1) Each customer involved in a billable transaction. (2) Every item pawned or sold that does not have a unique serial or identification number permanently engraved or affixed. (3) Photographs must be at least two (2) inches in length by two (2) inches in width and must be maintained in such a manner that the photograph can be readily matched and correlated with all other records of the transaction to which they relate. Such photographs must be available to the chief of police, or the chief's designee, upon request. The major portion of the photograph must include an identifiable front facial close-up of the person who pawned or sold the item. Items photographed must be accurately depicted. The licensee must inform the person that he or she is being photographed by displaying a sign of sufficient size in a conspicuous place in the premises. If a video photograph is taken, the video camera must zoom in on the person pawning or selling the item so as to include an identifiable close-up of that person's face. Items photographed by video must be accurately depicted. Video photographs must be electronically referenced by time and date so they can be readily matched and correlated with all other records of the transaction to which they relate. The licensee must inform the person that he or she is being videotaped orally and by displaying a sign of sufficient size in a conspicuous place on the premises. The licensee must keep the exposed videotape for three (3) months, and furnish it to the police department upon request. (c) Digitized Photographs. Licensees may fulfill the color photograph requirements in Subsection 8-430 (b) by submitting them as digital images, in a format specified by the issuing authority, electronically cross- referenced to the reportable transaction they are associated with. Notwithstanding the digital images may be captured from required video recordings, this provision does not altar or amend the requirements in Subsection 8-430(b). (d) Renewals, Extensions and Redemptions. For renewals, extensions and redemptions, the licensee shall provide the original transaction identifier, the date of the current transaction, and the type of transaction. (e) Disposition of Articles. (1) When an article of pawned or pledged property is redeemed from a licensee, the records shall contain an account of such redemption with the date, interest charges accrued, and the total amount for which the article was redeemed. St. Louis Park City Council Agenda Item: 111802 - 8a - Pawn Ordinance Page 7 of 15 (2) When an article of purchased or forfeited property is sold or disposed of by a licensee and the licensee receives One Hundred Dollars ($100.00) or more in the payment thereof, the records shall contain an account of such sale with the date, the amount for which the article was sold, and the full name, current address, and telephone number of the person to whom sold. (f) Inspection of Records. The records must at all reasonable times be open to inspection by the police department or department of licenses and consumer services. Data entries shall be retained for at least three (3) years from the date of transaction. Entries of required digital images shall be retained a minimum of ninety (90) days. (g) Daily Reports to Police. Effective ninety (90) days from the effective date of this Subdivision XII, licensees must submit every reportable transaction to the police department daily in the following manner: (1) Licensees must provide to the police department all information required in Section 8-430 (a) through (f) and other required information, by transferring it from their computer to the Automated Pawn System via modem. All required records must be transmitted completely and accurately after the close of business each day in accordance with standards and procedures established by the issuing authority using procedures that address security concerns of the licensees and the issuing authority. The licensee must display a sign of sufficient size, in a conspicuous place in the premises, which informs all patrons that all transactions are reported to the police department daily. (2) Billable Transaction Fees. Licensees will be charged for each billable transaction reported to the police department. (3) If a licensee is unable to successfully transfer the required reports by modem, the licensee must provide the police department printed copies of all reportable transactions along with the video tape(s) for that date, by 12: 00 the next business day; (4) If the problem is determined to be in the licensee's system and is not corrected by the close of the first business day following the failure, the licensee must provide the required reports as detailed in Section 8-430 (g) (3), and must be charged a fifty dollar ($50.00) reporting failure penalty, daily, until the error is corrected; or (5) If the problem is determined to be outside the licensee's system, the licensee must provide the required reports in Section 8-430 (g) (3), and resubmit all such transaction via modem when the error is corrected. (6) If a licensee is unable to capture, digitize or transmit the photographs required in Section 8-430 (c), the licensee must immediately take all required photographs with a still camera, cross-reference the photographs to the correct transaction, and make the pictures available to the Police Department upon request. (7) Regardless of the cause or origin of the technical problems that prevented the licensee from uploading their reportable transactions, upon correction of the problem, the licensee shall upload every reportable transaction from every business day the problem had existed. St. Louis Park City Council Agenda Item: 111802 - 8a - Pawn Ordinance Page 8 of 15 (8) The Police Department may, upon presentation of extenuating circumstances, delay the implementation of the daily reporting penalty. (h) Receipt Required. Every licensee must provide a receipt to the party identified in every reportable transaction and must maintain a duplicate of that receipt for three (3) years. The receipt must include at least the following information: (1) The name, address and telephone number of the licensed business. (2) The date and time the item was received by the licensee. (3) Whether the item was pawned or sold, or the nature of the transaction. (4) An accurate description of each item received including, but not limited to, any trademark, identification number, serial number, model number, brand name, or other identifying mark on such an item. (5) The signature or unique identifier of the licensee or employee that conducted the transaction. (6) The amount advanced or paid. (7) The monthly and annual interest rates, including all pawn fees and charges. (8) The last regular day of business by which the item must be redeemed by the pledger without risk that the item will be sold, and the amount necessary to redeem the pawned item on that date. (9) The full name, current residence address, current residence telephone number, and date of birth of the pledger or seller. (10) The state of issue and identification number from a current valid photo driver’s license or a current valid state photo identification card from any state or from any province of Canada. (11) Description of the pledger or seller including approximate sex, height, weight, race, color of eyes and color of hair. (12) The signature of the pledger or seller. (13) All printed statements as required by Minnesota Statute 325J.04, subdivision 2, or any other applicable statutes. (i) Redemption Period. Any person pledging, pawning or depositing an item for security must have a minimum of ninety (90) days from the date of that transaction to redeem the item before it may be forfeited and sold. During the ninety (90) day holding period, items may not be removed from the licensed location except as provided in Section 8-430 (s). Licensees are prohibited from redeeming any item to anyone other than the person to whom the receipt was issued or, to any person identified in a written and notarized authorization to redeem the property identified in the receipt, or to a person identified in writing by the pledger at the time of the initial transaction and signed by the pledger, or with approval of the police license inspector. Written authorization for release of property to persons other than original pledger must be maintained along with original transaction record in accordance with Section 8-430 (h). St. Louis Park City Council Agenda Item: 111802 - 8a - Pawn Ordinance Page 9 of 15 (j) Holding Period. Any item purchased or accepted in trade by a licensee must not be sold or otherwise transferred for thirty (30) days from the date of the transaction. An individual may redeem an item seventy-two (72) hours after the item was received on deposit, excluding Sundays and legal holidays. (k) Police Order to Hold Property. (1) Investigative Hold. Whenever a law enforcement official from any agency notifies a licensee not to sell an item, the item must not be sold or removed from the premises. The investigative hold shall be confirmed in writing by the originating agency within seventy-two (72) hours and will remain in effect for fifteen (15) days from the date of initial notification, or until the investigative order is canceled, or until an order to hold/confiscate is issued, pursuant to Section 8-430 (k) (2), whichever comes first. (2) Order to Hold. Whenever the chief of police, or the chief's designee, notifies a licensee not to sell an item, the item must not be sold or removed from the licensed premises until authorized to be released by the chief or the chief's designee. The order to hold shall expire ninety (90) days from the date it is placed unless the chief of police or the chief's designee determines the hold is still necessary and notifies the licensee in writing. (l) Order to Confiscate. If an item is identified as stolen or evidence in a criminal case, the police chief or chief's designee may: (1) Physically confiscate and remove it from the shop, pursuant to a written order from the police chief or the chief's designee, or (2) Place the item on hold or extend the hold as provided in Section 8-430 (k) (2), and leave it in the shop. (3) When an item is confiscated, the person doing so shall provide identification upon request of the licensee, and shall provide the licensee the name and phone number of the confiscating agency and investigator, and the case number related to the confiscation. (4) When an order to hold/confiscate is no longer necessary, the chief of police, or chief's designee shall so notify the licensee. (m) Inspection of Items. At all times during the terms of the license, the licensee must allow law enforcement officials to enter the premises where the licensed business is located, including all off-site storage facilities as authorized in Section 8-430 (s), during normal business hours, except in an emergency, for the purpose of inspecting such premises and inspecting the items, ware and merchandise and records therein to verify compliance with this chapter or other applicable laws. (n) Label Required. Licensees must attach a label to every item at the time it is pawned, purchased or received in inventory from any reportable transaction. Permanently recorded on this label must be the number or name that identifies the transaction in the shop's records, the transaction date, the name of the item and the description or the model and serial number of the item as reported to the police department, whichever is applicable, and the date the item is out of pawn or can be sold, if applicable. Labels shall not be re-used. St. Louis Park City Council Agenda Item: 111802 - 8a - Pawn Ordinance Page 10 of 15 (o) License Display. A license issued under this Section must be posted in a conspicuous place in the premises for which it is used. The license issued is only effective for the compact and contiguous space specified in the approved license application. (p) Responsibility of Licensee. A licensee under this Section shall be responsible for the conduct of the business being operated and shall maintain conditions of order. The conduct of agents or employees of a licensee, engaged in performance of duties for the licensee, shall be deemed the conduct of the licensee. (q) Gambling. No licensee under this Section may keep, possess, or operate, or permit the keeping, possession, or operation on the licensed premises of dice, slot machines, roulette wheels, punchboards, blackjack tables, or pinball machines which return coins or slugs, chips, or tokens of any kind, which are redeemable in merchandise or cash. No gambling equipment authorized under Minn. Stat. Chapter 349, may be kept or operated and no raffles may be conducted on the licensed premises and/or adjoining rooms. The purchase of lottery tickets may take place on the licensed premises as authorized by the director of the lottery pursuant to Minn. Stat. Chapter 349A. (r) Penalty for Property Owner. It is unlawful for any person who owns or controls real property to knowingly permit it to be used for pawn brokering without a license. (s) Property to be Kept on Premises. All property deposited, left, pledged, pawned, or held for sale must be stored in an enclosed facility and may not be stored outside of the premises. The City may, however, permit the licensee to designate one (1) off premises locked and secured facility in which the licensee may store only cars, boats, and other motorized vehicles. The licensee shall permit immediate inspection of the facility at any time during business hours by the City. All provisions in this section regarding record keeping and reporting shall apply to oversized items. All property shall be stored in compliance with zoning and/or fire regulations and in an orderly manner subject to inspection by the Fire Department. The premises shall also be equipped with an operational security alarm. 8-431. Restricted Transactions (a) Hours of Operation. No pawnbroker shall keep the pawnbroker business open for the transaction of business on any day of the week before 7:00 a.m. or after 10:00 p.m. (b) Minors. The pawnbroker shall not purchase or receive personal property of any nature on deposit or pledge from any minor. (c) Prohibited Goods. No licensee under this Section shall accept any item of property which contains an altered or obliterated serial number or "Operation Identification" number or any item of property whose serial number has been removed. (d) Security Interest. No licensee nor any agent or employee of a licensee shall purchase, accept, or receive any article of property knowing, or having reason to know, that the article of property is encumbered by a security interest. For the purpose of this section, “security interest” means an interest in property which secures payment or other performance of an obligation. (e) True Owner. No licensee nor any agent or employee of a licensee shall purchase, accept, or receive any article of property, from any person, knowing, or having reason to know, that said person is not the true and correct owner of the property. St. Louis Park City Council Agenda Item: 111802 - 8a - Pawn Ordinance Page 11 of 15 (f) Proper Identification. No licensee nor any agent or employee of a licensee shall purchase, accept, or receive any article of property, from any person, without first having examined a current valid photo driver’s license or a current valid state photo identification card from any state or from any province of Canada. 8-432. Inspections by Police or Claimed Owner. (a) Premises. Any licensee shall, at all times during the term of the license, allow the police department to enter the premises, where the licensee is carrying on business, including all off-site storage facilities as authorized in Section 8-430 (s), during normal business hours, except in an emergency, for the purpose of inspecting such premises and inspecting the articles and records therein to locate goods suspected or alleged to have been stolen and to verify compliance with this Section or other applicable laws. No licensee shall conceal any article in his possession from the police department. (b) Property. All articles of property coming into the possession of any licensee shall be open to inspection and right of examination of any police officer or any person claiming to have been the owner thereof or claiming to have had an interest therein when such person is accompanied by a police officer. 8-433. Conduct of Persons on Licensed Premises. (a) Property of Another. No person may pawn, pledge, sell, leave, or deposit any article of property not their own; nor shall any person pawn, pledge, sell, leave, or deposit the property of another, whether with permission or without; nor shall any person pawn, pledge, sell, leave, or deposit any article of property in which another has a security interest; with any licensee. (b) Minors. No minor may pawn, pledge, sell, leave, or deposit any article of property with any licensee. (c) Proper Identification. No person may pawn, pledge, sell, leave or deposit any article of property with any licensee without first having presented a current valid photo driver’s license or a current valid state photo identification card from any state or from any province of Canada. (e) False Identification. No person seeking to pawn, pledge, sell, leave, or deposit any article of property with any licensee shall give a false or fictitious name; nor give a false date of birth; nor give a false or out of date address of residence or telephone number; nor present a false driver’s license or identification card; to any licensee. 8-434 Required Signage. (a) All licensees shall by adequate signage and separate written notice inform persons seeking to pawn, pledge, sell, leave, or deposit articles of property with the licensee of the foregoing requirements. (1) For the purpose of this Subsection, “adequate signage” shall be deemed to mean at least one sign of not less than four (4) square feet in surface area, comprised of lettering of not less than three-quarters (3/4) of an inch in height, posted in a conspicuous place on the licensed premises and stating substantially the following: TO PAWN OR SELL PROPERTY: YOU MUST BE AT LEAST 18 YEARS OF AGE. St. Louis Park City Council Agenda Item: 111802 - 8a - Pawn Ordinance Page 12 of 15 YOU MUST BE THE TRUE OWNER OF THE PROPERTY. THE PROPERTY MUST BE FREE OF ALL CLAIMS AND LIENS. YOU MUST PRESENT VALID PHOTO IDENFICATION. VIOLATION OF ANY OF THESE REQUIREMENTS IS A CRIME. (2) For the purpose of this Subsection, “separate written notice” shall be deemed to mean either the receipt, as required in Section 13-1320. 12. (E), or a printed form, incorporating a statement to the effect that the person pawning, pledging, selling, leaving, or depositing the article is at least eighteen (18) years of age; is the true owner of the article; and that the article is free of all claims and liens; which is acknowledged by way of signature of the person pawning, pledging, selling, leaving, or depositing the article. 8-435 General Restrictions. (a) No pawnbroker licensed under this Section shall: (1) Lend money on a pledge at a rate of interest above that allowed by law; (2) Knowingly possess stolen goods; (3) Sell pledged goods before the time to redeem has expired; (4) Refuse to disclose to the City, after having sold pledged goods, the name of the purchaser or the price for which the item sold; or (5) Make a loan on a pledge to a minor. 8-436 Suspension or Revocation of License. (a) The City Council may suspend or revoke a license issued under this Section upon a finding of a violation of: (1) any of the provisions of this Section; (2) any state statute regulating pawnbrokers; or (3) any state or local law relating to moral character and repute. (b) A revocation or suspension by the City Council shall be preceded by written notice to the licensee and a public hearing. The written notice shall give at least ten (10) days' notice of the time and place of the hearing and shall state the nature of the charges against the pawnbroker. The notice may be served upon the pawnbroker personally or by United States mail addressed to the most recent address of the business in the license application. 8-437. Penalty. Violation of any provision of this Section shall be a misdemeanor. Section 3. Effective Date. This ordinance shall be effective fifteen days after passage and publication. St. Louis Park City Council Agenda Item: 111802 - 8a - Pawn Ordinance Page 13 of 15 Reviewed for Administration: Adopted by the City Council ____________ City Manager Mayor Attest: Approved as to form and execution: City Clerk City Attorney St. Louis Park City Council Agenda Item: 111802 - 8a - Pawn Ordinance Page 14 of 15 SUMMARY ORDINANCE NO.______ AN ORDINANCE AMENDING CHAPTER 8, ARTICLE II, SUBDIVISION XII OF THE ST. LOUIS PARK MUNICIPAL CODE This ordinance states that Chapter 8, Article II, Subdivision XII of the St. Louis Park Municipal Code be amended by repealing Sections 8-421 through 8-425 and adding Sections 8-421 through 8-437 relative to: Pawnbroker regulations, licenses and fees, transactions, general operating requirements, inspections, restrictions, required signage and penalties for violations. This ordinance shall take effect 15 days after publication. Adopted by the City Council November 18, 2002 Jeffrey W. Jacobs /s/ Mayor A copy of the full text of this ordinance is available for inspection with the City Clerk. Published in St. Louis Park Sailor: November 27, 2002 St. Louis Park City Council Agenda Item: 111802 - 8a - Pawn Ordinance Page 15 of 15 RESOLUTION NO. 02-____ A RESOLUTION ESTABLISHING FEES FOR PAWNBROKER LICENSES ISSUED BY THE CITY WHEREAS, the Municipal Code authorizes the City Council to establish fees for licenses by resolution, and WHEREAS, City fees related to pawnbroker operations have been considered taking into account the cost of program administration and fees charged by other municipalities in the metropolitan market. NOW, THEREFORE, BE IT RESOLVED, that effective January 1, 2003, the Annual License fee and New Applicant Investigation Fee be established as listed below. BE IT FURTHER RESOLVED, that the Transaction Fee be set at the amount shown below and become effective 90 days following the effective date of Ordinance No. 02-____. Fee Amount Annual License Fee $2000 Transaction Fee $1.50 per transaction New Applicant Investigation Fee (non refundable) $1000 Reviewed for Administration: Adopted by the City Council November 18, 2002 City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 111802 - 8b - Misc Zon Ord amendments Page 1 of 11 8b. Zoning ordinance amendments relative to Sections 36-115, 36-142, 36-361, and 36- 366 to add large item retail as a separate land use classification, correct the table of bulk regulations to reflect previous amendments to residential setbacks, allow use of certain exterior building materials for park buildings, and correct a code formatting error relating to the location of required parking in the R-1, R-2 and R-3 residential districts. C-56-ZA as e 02 Recommended Action: Motion to approve first reading of the proposed Zoning Ordinance amendments. Background: Staff is initiating miscellaneous amendments to the Zoning Ordinance, two are housekeeping items to correct inconsistencies or formatting errors created by previous amendments or recodifications. One addresses architectural standards for certain park buildings, and one adds a land use classification for “large item retail”, which is subject to a different parking standard from regular retail. On November 6, 2002, the Planning Commission held a public hearing on this item and voted 5-0 to recommend approval of the Zoning Ordinance amendments. Issues: § Why are changes proposed regarding architectural standards for certain park buildings? § Why should large item retail be added as a separate land use classification? § What formatting errors need to be corrected? § What corrections need to be made to the table of bulk regulations for residential setbacks? Analysis of the Issues: Ø Why are changes proposed regarding architectural standards for certain park buildings? Staff and the Planning Commission are proposing to allow architectural materials on smaller park buildings to include wood in keeping with single-family residential materials. Currently, the ordinance requires all park buildings to meet Class I standards and have exterior materials consisting of brick, marble, granite/natural stone, stucco, copper, or glass. Residential buildings with four or fewer dwellings are permitted to have wood, vinyl siding and prefinished metal as class I materials. Staff and the Planning Commission are proposing to allow smaller park buildings under 3,000 square feet to be faced with wood in keeping with small residential structures but not metal and vinyl, which are not currently anticipated for use in parks. St. Louis Park City Council Agenda Item: 111802 - 8b - Misc Zon Ord amendments Page 2 of 11 Prefinished metal has been considered for park roofs but was rejected as too commercial/industrial in character. According to the Comprehensive Plan, parks are an intricate part of the fabric of neighborhoods. Parks can become the focal point of the neighborhood, enhancing the neighborhood’s identity and stability. The majority of Park and Recreations’ smaller buildings are located in neighborhood parks, which are surrounded by residential homes. Attached is a list of some of the smaller park buildings and their sizes. Over the next 10 years many park structures and shelters may be improved. Staff’s desire is to make these buildings look more residential in nature so that they blend in with the residential neighborhoods with which they reside. For example, the new shelter in Louisiana Oaks Park in the northwest corner of Louisiana and Walker is proposed to be primarily wood and glass with a shingle roof. This blends well with nearby residential but does not meet current Class I building material requirements. To allow such park structures, staff and the Planning Commission are proposing to allow smaller park buildings, under 3,000 square feet, to use wood as an exterior material, which is the same as exterior materials on many residential structures. Larger Park and Recreation buildings such as the Rec Center and Nelson building would have to comply with 60% Class I material requirements enforced for commercial buildings, but smaller shelter buildings and the Nature Center would be subject to the more lenient residential standards, with the exception of vinyl and metal. The following amendment is proposed: Section 36-366(b)(5)(a)(1) – Class I exterior surface materials Wood or vinyl siding and prefinished metal are class I and on residential buildings containing four or fewer dwelling units in addition to the other class I materials listed in this subsection. Wood is a class I material on park buildings under 3,000 square feet. Ø Why should large item retail be added as a separate land use classification? Currently the Ordinance distinguishes between retail and large item retail establishments in the parking ordinance. This ordinance requires less parking for retail uses that sell large items such as furniture, appliances and carpeting. The lower parking requirement was requested by an applicant several years ago. The ordinance however does not distinguish between these two types of uses in other ways nor does it define large item retail uses in the Land Use Descriptions section. It does give examples in the parking ordinance. In order to eliminate vagueness in both interpretation and enforcement, staff and the Planning Commission are proposing to create a new Land Use Description for large item retail. The new Land Use Descriptions will allow C of O’s and Registrations of Land Use to be issued specifically for large item retail and will prohibit re-use as regular retail unless the higher parking requirements can be met. St. Louis Park City Council Agenda Item: 111802 - 8b - Misc Zon Ord amendments Page 3 of 11 The sections affected by this amendment are: Section 36-115 -Table 36-115A TABLE 36-115A Zoning Districts R-1 R-2 R-3 R-4 R-C C-1 C-2 O I-P I-G M-X Retail N N N A A PC/PUD P P PC A A PUD Retail, Large Item N N N N N P P N A A N Section 36-142(d) – Commercial Use Definitions Retail means a facility where merchandise or equipment is displayed and rented or sold and where delivery of merchandise or equipment to the ultimate consumer is made. This use includes limited production, repair or processing as an accessory use. Hours of operation generally begin after the a.m. peak traffic period and extend to time ranges from 5:00 p.m. to 10:00 p.m.; although some convenience stores and grocery stores are open 24 hours per day. Characteristics generally include high parking demand and high off-peak traffic generation; generally prefers high visibility and access to major thoroughfares. This use includes but is not limited to camera shops, clothing stores, department stores, grocery stores, discount stores, jewelry stores, delicatessens, retail bakeries, toy stores; but excludes restaurants, bars, pawn shops, motor vehicle sales, and motor fuel stations, and large item retail. Retail, Large Item means a facility where large item merchandise or equipment is displayed and rented or sold and where delivery of merchandise or equipment to the ultimate customer is made. Characteristics generally include hours of operation between 9:00 a.m. and 9:00 p.m. weekdays and weekends. The parking demand per square foot of building area is normally less than the demand for general retail. This use includes but is not limited to, furniture stores, carpet stores, large appliance stores; but excludes motor vehicle sales, pawnshops, and retail. Section 36-193. C-1 neighborhood commercial district. (b) Permitted uses. The following uses are permitted in the C-1 district if the use complies with the commercial restrictions and performance standards of section 36-192 and does not exceed intensity classification 4: (14) Large item retail. Section 36-194. C-2 general commercial district. (b) Permitted uses. The following uses are permitted in the C-2 district if the use complies with the commercial restrictions and performance standards of section 36-192: (18) Large item retail under 20,000 square feet. St. Louis Park City Council Agenda Item: 111802 - 8b - Misc Zon Ord amendments Page 4 of 11 (d) Uses permitted by conditional use permit. No structure or land in a C-2 district shall be used for the following uses except by conditional use permit. Those uses shall comply with the commercial restriction and performance standards of section 36-192, all those general conditions provided in section 36-367 and with the specific conditions imposed in this subsection (d), and with any other conditions which may be imposed by the city council. (12) Retail stores and large item retail stores over 20,000 square feet. Section 36-243. I-P industrial park district. (f) Accessory uses. The following uses shall be permitted accessory uses in an I-P district: (9) Large item retail sales limited to a maximum of 15% of the gross floor area of the development. Section 36-244. I-G general industrial park district. (e) Accessory uses. The following uses shall be permitted within any I-G district: (8) Large item retail sales limited to a maximum of 15% of the gross floor area of the development. Ø What formatting errors need to be corrected? During the recodification of the City’s Ordinance, the format of Section 36-361(b)(2)(j) was arranged in error. Currently the ordinance reads as follows: j. Location of parking facilities. Required off-street parking in the R-1, R-2 and R-3 districts shall be on the same lot as the building housing the principal use, except in the cases of: 1. A religious institution where parking is regulated by subsection (c)(1)c.8. of this section. 2. Condominium developments where off-street parking is designed on a lot or within a garage on a separate parcel but within the same condominium development. Required off-street parking spaces shall be located within an enclosed building or, if outside, shall be located behind a line created by extending the front building wall of the principal structure to the side lot lines and shall not be located within a side yard abutting a street except as permitted under subsection (b)(3)l. of this section. Parking shall not be permitted on any landscaped area except as permitted under section 36- 162(c)(9). Passenger vehicles can be parked on private driveways in the front yard or side yard abutting a street of single-family or two-family dwelling units provided these vehicles meet the requirements of this section and of this article. St. Louis Park City Council Agenda Item: 111802 - 8b - Misc Zon Ord amendments Page 5 of 11 The second paragraph under subsection j(2) is supposed to refer to the entire section j: Location of parking facilities, and not only to subsection j(2). Staff and the Planning Commission are proposing to restructure this section so that the above referenced paragraph is moved up to j. Location of parking facilities and refers to the whole section. The proposed ordinance change is attached in the proposed resolution. Ø What corrections need to be made to the table of bulk regulations for residential setbacks? In an effort to incorporate Livable Communities principles, on March 16, 1998, the Council adopted ordinance amendments to reduce the front yard setbacks in residential districts (R-1, R- 2, and R-3) by 5 feet and added open space requirements. Subsequently, on February 5, 2001, the Council adopted an ordinance amendment that reduced side yard setbacks for 2nd story additions in the residential districts. These ordinance amendments were never incorporated into Table 36-15B, the table of bulk regulations. Staff and the Planning Commission are proposing to include these previously approved changes as well as other miscellaneous corrections to the table. The proposed changes are located in the proposed resolution Recommendation: • Staff and the Planning Commission recommend approval of the proposed text amendment to correct inconsistencies and formatting errors, revise architectural requirements for small park buildings and add a land Use Description for large item retail. Attachments: Proposed Ordinance Park Buildings (supplemental) Prepared By: Julie Grove, Associate Planner Approved By: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 111802 - 8b - Misc Zon Ord amendments Page 6 of 11 ORDINANCE NO.______ AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING BY AMENDING SECTIONS 36-115, 16-142, 36-361, and 36-366 LARGE ITEM RETAIL AS SEPARATE LAND USE CLASSIFICATION, CORRECT TABLE OF BULK REGULATIONS, ALLOW USE OF CERTAIN EXTERIOR BUILDING MATERIALS FOR PARK BUILDINGS, CORRECTION TO LOCATION OF REQUIRED PARKING IN R-1, R-2 AND R-3 RESIDENTIAL DISTRICTS THE CITY OF ST. LOUIS PARK DOES ORDAIN: Findings Sec. 1. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 02-56-ZA). Sec. 2. The St. Louis Park Ordinance Code, Sections 36-115, 16-142, 36-361, and 36-366 is hereby amended by deleting stricken language and adding underscored language. Section breaks are represented by ***. Sec. 36-115. Land use by zoning district; interpretation of land use tables. *** Table 36-115A *** Zoning Districts R-1 R-2 R-3 R-4 R-C C-1 C-2 O I-P I-G M-X Retail N N N A A PC/PUD P P PC A A PUD Retail, Large Item N N N N N P P N A A N *** St. Louis Park City Council Agenda Item: 111802 - 8b - Misc Zon Ord amendments Page 7 of 11 TABLE 36-115b ZONING DISTRICTS TABLE OF BULK REGULATIONS Building Height Zoning Districts R-1 R-2 R-3 R-4 R-C C-1 C-2 O I-P I-G M-X Minimum lot width 1-2-story or 25 feet 75 60 60 60 80 -- -- 100 75 50 -- 3-story or 35 feet 75 60 60 60 80 -- -- 100 100 75 -- 4-story or 48 feet N/A N/A N/A 60 80 N/A -- 100 100 75 -- 5-6 story or 75 feet N/A N/A N/A 60 80 N/A -- 100 150 100 -- Minimum lot area 1-2 story or 25 feet 9,000 7,200 7,200 8,000 15,000 -- -- 15,000 15,000 5,000 -- 3-story or 35 feet 9,000 7,200 7,200 8,000 15,000 -- -- 15,000 18,000 7,500 -- 4-story or 48 feet N/A N/A N/A 8,000 15,000 N/A -- 15,000 18,000 7,500 -- 5-6 story or 75 feet N/A N/A N/A 8,000 15,000 N/A -- 15,000 22,500 10,000 Maximum density 4.8 6 10.9 30* 50* N/A N/A N/A N/A N/A 50* Maximum height 30 30 35 40* 75* 35 75 240 75 75 * Floor area ratio (FAR) 0.3 0.3 0.4 0.7 1.2 1.2 2.0 1.5 0.5 1.0 1.5* Ground floor area ratio (GFAR) 0.3 0.3 0.25 0.25 0.25 -- -- -- -- -- -- Minimum yard widths Front 35* 30* 30* 25* 30* 25* 30* 30* 20 5* 20 5* 20* 50* 20 -- Side 1 1-2 story or 25 feet 6 5 6 15 15 0* 0* 15 20 12 -- 3-story or 35 feet 9 6 7 5 9 6 15 15 0* 0* 15 25 12 -- 4-story or 48 feet N/A N/A N/A 15+ 15+ N/A 15* 15+ 30 12 -- 5-6 story or 75 feet N/A N/A N/A 15+ 15+ N/A 15* 15+ 35 12 -- Side 2 1-2 story or 25 feet 9* 7* 9* 1/2 1/2 0* 0* 1/2 20 0 -- 3-story or 35 feet 11 9* 9 7* 11 9* 1/2 1/2 0* 0* 1/2 25 0 -- 4-story or 48 feet N/A N/A N/A 1/2 1/2 N/A 15 1/2 30 0 -- 5-6 story or 75 feet N/A N/A N/A 1/2 1/2 N/A 15 1/2 35 12 -- Side abutting street 15 15* 15* 15 15 15 15 15 25 15 -- Rear 1-2 story or 25 feet 25 25 25 25* 25* 10* 0* 15 20 10 -- 3-story or 35 feet 25 25 25 25* 25* 10* 0* 15 20 10 -- 4-story or 48 feet N/A N/A N/A 25* 25* N/A 1/2 1/2 40 20 -- 5-6 story or 75 feet N/A N/A N/A 25* 25* N/A 1/2 1/2 40 20 -- Open space per dwelling unit 600 400 400 400 400 N/A N/A N/A N/A N/A * ½ = one-half building height + = plus one-half building height *Certain conditions cause these figures to vary St. Louis Park City Council Agenda Item: 111802 - 8b - Misc Zon Ord amendments Page 8 of 11 *** Section 36-142. Descriptions. *** (d) – Commercial uses *** Retail means a facility where merchandise or equipment is displayed and rented or sold and where delivery of merchandise or equipment to the ultimate consumer is made. This use includes limited production, repair or processing as an accessory use. Hours of operation generally begin after the a.m. peak traffic period and extend to time ranges from 5:00 p.m. to 10:00 p.m.; although some convenience stores and grocery stores are open 24 hours per day. Characteristics generally include high parking demand and high off-peak traffic generation; generally prefers high visibility and access to major thoroughfares. This use includes but is not limited to camera shops, clothing stores, department stores, grocery stores, discount stores, jewelry stores, delicatessens, retail bakeries, toy stores; but excludes restaurants, bars, pawn shops, motor vehicle sales, and motor fuel stations, and large item retail. Retail, Large Item means a facility where large item merchandise or equipment is displayed and rented or sold and where delivery of merchandise or equipment to the ultimate customer is made. Characteristics generally include hours of operation between 9:00 a.m. and 9:00 p.m. weekdays and weekends. The parking demand per square foot of building area is normally less than the demand for general retail. This use includes but is not limited to, furniture stores, carpet stores, large appliance stores; but excludes motor vehicle sales, pawnshops, and retail. *** Section 36-193. C-1 neighborhood commercial district. *** (b) Permitted uses. *** (14) Large item retail. *** Section 36-194. C-2 general commercial district. *** St. Louis Park City Council Agenda Item: 111802 - 8b - Misc Zon Ord amendments Page 9 of 11 (b) Permitted uses. *** (18) Large item retail under 20,000 square feet. *** (d) Uses permitted by conditional use permit. *** (12) Retail stores and large item retail stores over 20,000 square feet. *** Section 36-243. I-P industrial park district. *** (f) Accessory uses. *** (9) Large item retail sales limited to a maximum of 15% of the gross floor area of the development. *** Section 36-244. I-G general industrial park district. *** (e) Accessory uses. *** (8) Large item retail sales limited to a maximum of 15% of the gross floor area of the development. *** Section 36-361. Off-street parking areas, paved areas, and loading areas. *** St. Louis Park City Council Agenda Item: 111802 - 8b - Misc Zon Ord amendments Page 10 of 11 (b)(2) General provisions *** j. Location of parking facilities. Required off-street parking in the R-1, R-2 and R-3 districts shall be located within an enclosed building or, if outside, shall be located behind a line created by extending the front building wall of the principal structure to the side lot lines and shall not be located within a side yard abutting a street except as permitted under subsection (b)(3)l. of this section. Parking shall not be permitted on any landscaped area except as permitted under section 36- 162(c)(9). Passenger vehicles can be parked on private driveways in the front yard or side yard abutting a street of single-family or two-family dwelling units provided these vehicles meet the requirements of this section and of this article. Required off-street parking spaces shall be on the same lot as the building housing the principal use, except in the cases of: 1. A religious institution where parking is regulated by subsection (c)(1)c.8. of this section. 2. Condominium developments where off-street parking is designed on a lot or within a garage on a separate parcel but within the same condominium development. *** Section 36-366. Architectural design *** (b)(6)(a)– Classes of materials exterior surface materials (1.) Wood or vinyl siding and prefinished metal are class I and on residential buildings containing four or fewer dwelling units in addition to the other class I materials listed in this subsection. Wood is a class I material on park buildings under 3,000 square feet. *** Sec. 3. The contents of Planning Case File 02-56-ZA are hereby entered into and made part of the public hearing record and the record of decision for this case. Sec.4. This Ordinance shall take effect fifteen days after its publication. Adopted by the City Council December 2, 2002 Reviewed for Administration St. Louis Park City Council Agenda Item: 111802 - 8b - Misc Zon Ord amendments Page 11 of 11 City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney St. Louis Park City Council Agenda Item: 111802 - 8c - Traffic Environ Studies Methodist Page 1 of 2 8c. Traffic and Environmental Studies – Methodist Hospital Campus Expansion Recommended Action: Staff recommends the City Council approve the following two motions: § Authorize preparation of an Environmental Assessment Worksheet relating to the proposed expansion of the Methodist Hospital campus § Authorize the Mayor and City Manager to execute a contract with SRF Consulting Group Inc. for purposes of undertaking the preparation of an Environmental Assessment Worksheet and necessary traffic and parking analysis for a proposed Methodist Hospital expansion initiative with the understanding that Park Nicollet Health Services will escrow funds or enter into an agreement to reimburse the City for the costs associated with these activities. Background: Last March representatives of Park Nicollet Health Services (PNHS) presented to the City Council a concept relating to expansion plans for both the Methodist Hospital and Park Nicollet Clinic campuses. Since that time staff has been working with PNHS on their long term plans. It now appears that Methodist Hospital is programmed to experience expansion activities first. The long term plans (10 year plan) for Methodist Hospital could involve as much as 250,000 – 300,000 square feet of new building construction. The first project to take place at Methodist Hospital is an approximate 90,000 square foot Heart and Vascular Center which would be built in the location of the existing Tourtellote building. Since the size of the long term expansion at Methodist Hospital is at or near the threshold for requiring an EAW, and the property includes wetlands, it has been determined that an Environmental Assessment Worksheet should be prepared and that certain traffic and parking analysis should be undertaken. Staff and PNHS have been meeting with SRF Consulting to develop a Scope of Work for this analysis. Both City staff and PNHS felt SRF was best suited to undertake the work given their knowledge and past work experiences in the Excelsior Blvd. area. As has been done with other development projects, City staff proposed to PNHS that the City contract for the services but that PNHS reimburse the City for the costs of the EAW preparation and traffic and parking studies. PNHS has agreed with this approach. The total estimated cost of the work to be done by SRF is approximately $103,000. Recommendation: Staff is recommending that the City enter into a contract with SRF Consulting to undertake the preparation of the EAW and the traffic and parking analysis with the understanding that Park St. Louis Park City Council Agenda Item: 111802 - 8c - Traffic Environ Studies Methodist Page 2 of 2 Nicollet Health Services will escrow funds or enter into an agreement to reimburse the City for the cost of the studies. Attachments: § Draft Contract and Scope of Work (Supplement) Prepared By: Tom Harmening, Community Development Director Approved By: Charles W. Meyer, City Manager